Robert B. Gibson and Brendan J. Alt successfully opposed plaintiffs’ application for leave of court to file a late Notice of Claim, resulting in dismissal of all claims against a municipal hospital located in Westchester County. The case involved an alleged assault and battery of an autistic minor by a hospital nurse after she was bitten by the minor while he was recovering from a dental procedure. The autistic minor’s mother also made a claim for intentional infliction of emotional distress.
Plaintiffs’ application to file a late Notice of Claim was opposed on several grounds, including that: (1) plaintiffs did not offer a reasonable excuse for failing to file a timely Notice of Claim; (2) the hospital could not be imputed with actual knowledge of a claim by mere possession of the infant-plaintiff’s medical records; and (3) the delay in filing a timely Notice of Claim substantially prejudiced the municipal hospital.
The court found that plaintiffs’ counsel did not offer a reasonable excuse for the delay and that the hospital did not have actual knowledge of the facts underlying plaintiff’s claim. The court noted that the hospital’s medical records were devoid of any reference to an injury to the infant-plaintiff, any subsequent medical treatment rendered to the infant-plaintiff, or any wrongdoing by the municipal hospital and its staff. As such, the hospital’s records did not create any causal connection between the events and any negligence by the hospital. Accordingly, the court dismissed plaintiffs’ complaint in its entirety due to plaintiff’s failure to timely file a Notice of Claim.
HPM&B will host a CLE seminar entitled, "Emerging Issues in Medical Malpractice Litigation" on Tuesday, October 7, 2014. For more information, click here.
Brendan Alt, an associate in our White Plains office, recently attended the New York State Bar Association’s five-day Trial Academy at Cornell Law School. Brendan was invited to participate in the Trial Academy on a full scholarship based on his track record as a national moot court competitor during law school. The Trial Academy is designed to teach, advance and improve the courtroom skills of young and new lawyers with an emphasis on direct participation. Each morning, Brendan attended lectures on all aspects of the trial process, including jury selection, opening statements, evidence, foundations and objections, direct examinations, cross-examinations, trial motions and closing arguments. In the afternoons, he participated in moot courts under the supervision of experienced attorneys. HPM&B is committed to developing a future generation of trial lawyers, and Brendan has already put his experience at the Trial Academy to use while second-seating a trial this year.
The topic is “The Use of Emerging Technology to Enhance your Defense at Trial.”
On February 4, 2014, John P. McNaboe presented “Medical Records Not Just for Treatment Any More – Avoiding the Pitfalls of a Lawsuit” to the neurosurgery team from the Cushing Neuroscience Institute at North Shore University Hospital at Manhasset.
HPM&B’s Robert Gibson spoke about social media and its impact on jury selection and trial at the New York State Bar Association’s Annual Meeting on Thursday, January 30, 2014. Read more in the State Bar News: Read more
It is our pleasure to announce that Laura Murphy, a senior associate in our Garden City office, has been promoted to Partner.
Laura has been integral to the fantastic growth and success of our Long Island office over the past several years.
Congratulations to Andy Neubardt, a partner in our White Plains office, who has been elected to a two-year term as President of the New York State Medical Defense Bar Association.
Founded in 1995 by our own Luke Pittoni (its first President), the NYSMDBA is comprised of approximately two hundred attorneys who are substantially engaged in the defense of medical professional liability matters. Its expressed purpose is to improve the defense effort in the handling of medical malpractice litigation in New York, including the evaluation of existing legislation and promotion of appropriate reforms. For many years, Andy has been an active member of the NYSMDBA, serving on its executive board and organizing meetings that often include guest speakers on a variety of interesting and current issues.
Good luck Andy!
On December 16, 2013, the New York Law Journal highlighted HPMB’s successful motion to dismiss a complaint against a major hospital in New York City. Daniel Ratner, Elizabeth Cornacchio and Daryl Paxson represented the client in this matter.
Click here to read more
A New York judge has dismissed hundreds of claims over Bausch & Lomb's contact-lens solution, rejecting plaintiffs' attempt to submit recent scientific studies on the link between ReNu ML and eye infections.
Trail Blazers honored HPM&B with the 2013 Lois Goodrich Award for Youth Development at its Spring Benefit on Monday, June 24, 2013. Click here to learn more.
We are pleased to announce that John O'Sullivan of our White Plains office has been named a Partner in the firm.
John is a 1987 graduate of Brooklyn Law School and a member of our Columbia Presbyterian and St. Luke's hospital teams. He has been representing hospitals and physicians for over 20 years, and is highly respected for his trial and litigation skills by the Bench and Bar.
John arrived at HPM&B in 2009 in an Of Counsel position after working at two other medical malpractice law firms.
Heidell, Pittoni, Murphy & Bach, LLP has negotiated an early extension of its lease for an additional seven years at 99 Park Avenue in New York City. The lease will expire ten years from now, in 2023. HPM&B’s offices on the 7th floor of the building include 31,000 SF, which serve as the firm’s headquarters. Michael Leff of Avison Young represented HPM&B in its lease negotiations with building owner Eastgate Realty.
Heidell, Pittoni, Murphy & Bach, LLP is pleased to announce that the firm has been named among the “Best Law Firms” as ranked by U.S. News – Best Lawyers®, with a Tier 1 ranking nationally and in New York City for Medical Malpractice Law – Defendants and Product Liability Litigation – Defendants.
The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on peer reviews from leading attorneys in each firm’s field, client and lawyer assessments, and additional information provided by law firms as part of the formal submission process. These materials are used to evaluate each firm’s expertise, responsiveness, integrity, cost-effectiveness and reputation.
Heidell, Pittoni, Murphy & Bach received a Tier 1 ranking in Medical Malpractice Law – Defendants and Product Liability Litigation – Defendants nationally and in New York City for 2013, a distinction which signals a unique combination of excellence and breadth of expertise. The firm was also recognized in New York City with a Tier 1 ranking in Personal Injury Litigation – Defendants. The tiered rankings showcase more than 10,000 law firms ranked nationally or by metropolitan region. Firms are ranked nationally in one or more of 80 legal practice areas and by metro or state in 118 practice areas.
Heidell, Pittoni, Murphy & Bach, LLP was recently named among the “Best Law Firms” by U.S. News – Best Lawyers in America® for 2013, with a Tier 1 ranking nationally and in New York City for Medical Malpractice Law – Defendants and Product Liability Litigation – Defendants. In addition, seven attorneys from the firm were selected for inclusion in The Best Lawyers in America®: